| In the case where you are considering | | | | some jurisdictions, is used when spouses meet |
| divorce, almost regardless of the reasons | | | | certain requirements for eligibility, or can |
| behind your decision, it is important that | | | | agree on important issues beforehand like if |
| you be aware of just what is involved in | | | | it was a marriage lasting under 5 years, |
| obtaining a divorce in the US. | | | | there were no children (or, in some states, |
| | | | the couple have resolved custody and set |
| In general, the laws of each state set out | | | | payments for child support), there was |
| specific reasons for a divorce which have to | | | | minimal or no real property (there was no |
| be proven before the court is allowed to | | | | mortgage on a house or condo), the property |
| grant it. This can be under a no-fault | | | | owned by the married couple is under a |
| heading, an all-fault heading, and a summary | | | | threshold (around $35,000, not including |
| heading. In recent years some less | | | | vehicles), and the personal property of each |
| adversarial ways to approach to divorce | | | | spouse is under a set threshold (typically |
| settlements have emerged, like mediation and | | | | the same amount as marital property). A |
| collaborative divorce, to negotiate mutually | | | | simple divorce where both couples agree on |
| acceptable resolutions to conflicts for a | | | | how the divorce should be handled and assets |
| couple. | | | | divided is also known as an uncontested |
| | | | divorce. |
| At-fault divorces were originally the only | | | | |
| way to dissolve a marriage, and people who | | | | It is estimated that in the US upwards of 95% |
| had differences or problems were only able to | | | | of all divorces are uncontested, since the |
| separate, and were prevented from legally | | | | two parties are able to come to an agreement |
| remarrying afterward. The state of New York | | | | (with or without lawyers/mediators) about the |
| is the only one which still requires fault to | | | | property, children and support issues. When |
| obtain a divorce. In an at-fault divorce, | | | | the parties are able to agree and present the |
| one party usually brings divorce proceedings | | | | court with a fair and equitable agreement, |
| against the other due to some breech of | | | | approval of the divorce is almost certain. In |
| marriage regulations like adultery, | | | | the case where the two partners cannot come |
| abandonment or cruelty. | | | | to an agreement, they may ask the court to |
| | | | decide how to fairly split property, deal |
| Comparative rectitude is the name given to a | | | | with children and custody issues, and so |
| doctrine used to determine which spouse is | | | | forth. |
| more at fault in divorce proceedings when | | | | |
| both spouses are found to be guilty of | | | | Residency requirements to file for a divorce |
| breaches. This kind of divorce can affect | | | | vary from state to state. In some states, |
| the distribution of property, and will allow | | | | like Colorado, residency requirements are |
| an immediate divorce, especially in states | | | | very liberal to accommodate military |
| where there is a waiting period required to | | | | personnel who have to move often for tours of |
| obtain a no-fault divorce. A defense for | | | | duty, while other states, like New York, |
| this type of divorce can turn out to be | | | | require that you live in them for a minimum |
| expensive and is not usually practical since | | | | of a year with the intention of making this |
| most divorces are eventually granted anyway, | | | | your permanent state of residence. A spouse |
| especially when a society comparable to that | | | | may separate, move to a state with divorce |
| in the US is not interested in forcing people | | | | laws of their choice, establish residency, |
| to remain married any longer. Remember, | | | | and file. However, this typically does not |
| marriage in the US also has legal | | | | change the state in which property and other |
| ramifications, so if you do not want to be | | | | issues are decided, and it is possible for a |
| married anymore, you need to get divorced, it | | | | court to decide not to hear a petition for |
| is much more than simply taking the mental | | | | divorce if it decides that it does not have |
| attitude of no longer being married. | | | | legal jurisdiction to do so based on |
| | | | residency issues. |
| Under a no-fault divorce set of rules, a | | | | |
| marriage partner does not need to show that | | | | A final consideration to be made when |
| the other marriage partner did anything, or | | | | considering where/if to file for divorce is |
| was at fault in order to obtain a divorce. | | | | the laws concerning the distribution of |
| Many common reasons for no-fault divorce can | | | | property and division of assets. States like |
| be incompatibility, irreconcilable | | | | Alabama are considered to be an "equitable |
| differences, and irremediable breakdown of | | | | distribution" state which means that all |
| the marriage. In the United States, currently | | | | property acquired during the marriage is |
| 49 states have adopted no-fault divorce laws. | | | | divided equally among the two parties. In |
| | | | other states, like California, assets can be |
| In states that grant no-fault divorces, there | | | | awarded to a spouse from the other based on |
| may be a waiting period of up to a year | | | | economic need, and in still others, like |
| before the divorce is considered final. | | | | Alaska, even though it is an equitable |
| Other requirements include mandatory | | | | distribution state, in some jurisdictions in |
| counseling to see if reconciliation can be | | | | the state, women have little or no rights to |
| achieved if one party does not agree to the | | | | marital property. In some states, alimony is |
| divorce, either dependent on an amount of | | | | awarded to the stay-at-home spouse, where in |
| time set by the court, or for a predetermined | | | | others, alimony is paid by the spouse making |
| amount before the divorce may even be applied | | | | the most to the spouse making the least, |
| for, | | | | despite the one needing to get child support |
| | | | because they have actual custody. |
| A summary (or simple) divorce, available in | | | | |